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Defendant
All appeals filed against the Defendant A by the Prosecutor B and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s imprisonment (ten months of imprisonment) is too unreasonable.
B. The lower court’s punishment against the Defendant A of the Prosecutor (limited to eight months of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service, and confiscation) is too uneasy and unreasonable.
2. As to the grounds of appeal by Defendant B, the following facts are favorable to Defendant B: (a) Defendant B committed the instant crime; (b) the period of the instant crime is not clear; and (c) the instant crime is in a concurrent relationship with the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) established on July 9, 2014 and the latter part of Article 37 of the Criminal Act; and (b) it is necessary to determine punishment in consideration of equity with the case where judgment is concurrently rendered under Article 39(
However, the act of arranging sexual traffic does not have a significant social hazard such as harming the sound sexual culture and good morals by commercializing women's sex, and requires a simple and severe punishment in order to prevent the spread of illegal sexual traffic establishments, and to establish a sound sexual culture, Defendant B has the record of being sentenced to a fine for the same kind of crime, Defendant B had the record of being sentenced to a suspended sentence at the first instance court, again committed the same kind of crime, and appeal was pending in the appellate court, and the risk of repeating the crime of this case would be high, taking into account the various sentencing conditions as shown in the records and arguments such as Defendant B's age, sexual behavior environment, and the circumstances before and after the crime, etc., it cannot be deemed that the sentence against Defendant B is too unreasonable.
3. The fact that it is necessary to strictly punish the act of arranging sexual traffic prior to the prosecutor's appeal is an unfavorable circumstance to the defendant A.
However, there is no record that Defendant A was sentenced to punishment or a fine exceeding the same kind of crime, and the period of the crime is not clear.